Social activist seeks direction to refer his complaint to HC

Bangalore: A social activist on Tuesday filed an application before the Lokayukta court, seeking a direction to refer his complaint alleging irregularities in the Bangalore- Mysore Expressway Project, to the High Court on certain clarifications on points of law.

In his application, Abraham, also an entrepreneur, contended that his complaint was filed on July 18, last year seeking a direction from Lokayukta court to Lokayukta police to investigate certain `offences` committed in the course of inception, execution and implementation of the project.

On October 25 last year, the Lokayukta court had directed the Additional DGP (Lokayukta), to investigate the alleged offences.

But the court in its order stated it would not take cognisance of any of the offences alleged.

Under similar circumstances the Karnataka High Court had held in the B V Acharya vs Venkateshaiah case that even in order to direct investigation by Lokyukta police under 156(3) CrPC, sanction of the government is required.

By applying this principle of law, the High Court has stayed almost all cases in which Lokayukta police was directed to investigate.

This procedure, according to counsel for the complainant K V Dhananjay "is unknown to the law and is grossly opposed numerous judgements delivered by the Supreme Court.

He contended that if the special judge were to abide by the BV Acharya judgement, he would have to disregard hundreds of Apex Court judgements which has stated that no sanction whatsoever is required to investigate a public servant.

Dhananjay said the High court should clarify this contradiction and the Special Judge should refer the matter to it for clarification on point of law.